Pennsylvania state police trooper likely saved his own life after shooting

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Pennsylvania State Police on Wednesday morning, Nov. 8, 2017, identified the trooper critically wounded in a shootout with a driver pulled over for speeding along Route 33 in Northampton County as Cpl. Seth J. Kelly.

Pennsylvania State Police on Wednesday morning, Nov. 8, 2017, identified the trooper critically wounded in a shootout with a driver pulled over for speeding along Route 33 in Northampton County as Cpl. Seth J. Kelly.

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District Attorney John Morganelli said 22-year-old Daniel Khalil Clary of Monroe County faces two counts of attempted homicide and two counts of attempted homicide of a police officer.

District Attorney John Morganelli said 22-year-old Daniel Khalil Clary of Monroe County faces two counts of attempted homicide and two counts of attempted homicide of a police officer.

The gear that Pennsylvania State Police troopers must carry can get heavy, which explains why some opt to leave their state-issued tourniquets behind when they get out of their cruisers.

Tuesday morning, Cpl. Seth J. Kelly instead strapped his tourniquet to his belt — a decision that likely saved his life when a man suspected of driving under the influence opened fire on Kelly and another trooper after a traffic stop along Route 33 in Plainfield Township.

Shot in the neck and shoulder, and bleeding profusely from a bullet wound on his thigh, the 13-year veteran took cover behind a guard rail, a state police captain said, and wrapped his leg with the tourniquet.

“He was gravely injured,” said Capt. Richard D’Ambrosio, commander of Troop M in Bethlehem. “Even so, he was able to have the wherewithal to pull that tourniquet off his belt and apply that to one of his wounds, more than likely saving his own life.”

Officials at a Wednesday morning news conference identified Kelly as the trooper critically wounded in the shootout with a driver pulled over near Stockertown for speeding.

Kelly, 39, of Upper Nazareth Township, who enlisted with state police in 2004 and earned promotion to corporal last year, is scheduled for another surgery to remove a bullet from his body, authorities said.

A local truckdriver says his dashcam captured this video of a fast-moving blue Pontiac with a blown out back window shortly after a car matching that description fled the scene of a police shooting on Route 33 Tuesday morning.

A local truckdriver says his dashcam captured this video of a fast-moving blue Pontiac with a blown out back window shortly after a car matching that description fled the scene of a police shooting on Route 33 Tuesday morning.

He was gravely injured ... He's not out of the woods yet.— State police Capt. Richard D'Ambrosio about wounded Cpl. Seth Kelly

D’Ambrosio said Kelly was in critical but stable condition.

“He’s not out of the woods yet,” he said.

Authorities also announced charges against the driver accused of shooting at Kelly and another trooper. District Attorney John Morganelli said 22-year-old Daniel Khalil Clary of Monroe County faces two counts of attempted homicide and two counts of attempted homicide of a police officer, which carries an added penalty of up to 40 years in prison, authorities said.

Clary was arraigned at 2:30 p.m. Wednesday in his bed at Lehigh Valley Hospital-Cedar Crest and bail was set at $1 million. Clary will be under police guard until doctors say he can be discharged and taken to prison.

State police said Clary suffered multiple gunshot wounds, including to the back of his neck, his side and his hand. He underwent surgery overnight but troopers did not have an update on his condition.

According to D’Ambrosio, Trooper Ryan Seiple stopped Clary's vehicle about 10:15 a.m. near the ramp to Route 191.

State police said Seiple gave Clary a citation and said he was free to go, however, when the trooper started to drive away, Clary flagged him down. D’Ambrosio said Clary was asking about how to pay for the citation when Seiple began to suspect Clary was under the influence of a controlled substance, he said.

According to an affidavit, the trooper saw what he believed to be drug paraphernalia in Clary’s car. He radioed for backup.

At 10:36 a.m., Kelly arrived at the traffic stop and the two troopers gave Clary a field sobriety test, which he failed, authorities say. At that point, they tried to arrest him and a “knock-down, drag-out” fight ensued as cars continued speeding past them on the highway, according to state police.

At one point, D’Ambrosio said, the three men tumbled into the right lanes of Route 33. Several drivers called 911 to report what they were seeing, but no one pulled over, D’Ambrosio said.

During the two-minute struggle, one of the troopers hit Clary with a stun gun, but the 5-foot-10-inch, 200-pound man continued to struggle, D’Ambrosio said. Clary got away from the troopers and ran to his car, reaching in the open driver’s window and drawing a semi-automatic handgun, according to state police. From behind the hood of his car he fired at the troopers, who fired back, police said.

D’Ambrosio said authorities still do not know how many times Kelly was hit. They know he has a bullet wound to his neck and shoulder area and leg. At one point, Kelly either fell or took cover by collapsing over a guard rail onto an embankment as he continued firing at Clary, state police said.

After exchanging several rounds of gunfire, Clary got back into his blue Pontiac sedan and fled, state police said.

Kelly was flown from the scene to St. Luke’s University Hospital in Fountain Hill, where he remained Wednesday.

Seiple suffered a head injury in the fight, but was not shot, D’Ambrosio said. The incident was captured on police dashboard cameras; state police do not wear body cameras.

Clary drove himself to Easton Hospital, where he was taken into custody, court records say.

“Clary admitted to shooting at the two Pennsylvania state troopers. Clary admitted to attempting to disarm and remove the firearm from one of the troopers,” the affidavit states.

D’Ambrosio said police are awaiting the results of blood tests to determine if Clary was using drugs at the time of the incident.

In addition to the offenses Morganelli set out, Clary is charged with aggravated assault, assault of a police officer, simple assault, recklessly endangering another person and one count each of disarming a law enforcement officer, escape, carrying a concealed firearm without a license and resisting arrest.

State police said Clary’s gun was legally registered to him. However, he did not have a license to carry a concealed weapon. A woman who answered the phone at Clary’s home Wednesday declined to comment.

Kelly is the husband of Philomena Kelly, a Forks Township police detective. Morganelli said he has worked with Philomena Kelly in previous cases and said, “They are both outstanding individuals.”

Morganelli said he’s confident an investigation will show the troopers were justified in shooting Clary. He praised all the officers involved in Clary’s arrest.

They are both outstanding individuals.— District Attorney John Morganelli on Cpl. Seth Kelly and his wife, Philomena, a Forks Township police detective

“These individuals who put on a uniform and go to work every day, they’re guarding us from individuals who want to do us harm,” he said.

Seth Kelly played a role in the arrest of the last man who shot and killed a police officer in the Lehigh Valley. That was George Hitcho Jr., who gunned down Freemansburg police officer Robert A. Lasso on Aug. 11, 2011.

At the trial that sent Hitcho to death row, Kelly testified that Hitcho made flippant statements after being placed in a state police cruiser after his arrest.

“Hey, I’m on ‘Candid Camera,’ ” Hitcho said after noticing a video recorder in the vehicle, according to Kelly.

According to Pennsylvania court records, Clary has only a minor criminal past.

In 2014, he was convicted in Easton of disorderly conduct, a summary offense, and paid $191 in fines and court costs after police said he was involved in a fracas at the parking lot of a South Side convenience store. At the time, he was listed as living on West Nesquehoning Street in Easton.

Court records indicate Clary lives in Effort. His social media posts say he attended high school in Easton.